SB 74 full text · Session Watch

Florida Senate - 2026 SB 74 By Senator Harrell 31-00218-26 202674__

1 A bill to be entitled

2 An act relating to the Social Work Licensure

3 Interstate Compact; creating s. 491.022, F.S.;

4 creating the Social Work Licensure Interstate Compact;

5 providing a purpose and objectives of the compact;

6 defining terms; specifying requirements for state

7 participation in the compact; specifying requirements

8 for member states to maintain membership in the

9 compact; requiring member states to designate the

10 categories of social work licensure which are eligible

11 for issuance of a multistate license in such states;

12 specifying criteria licensed social workers must meet

13 to be issued a multistate license under the compact;

14 providing additional requirements based on the

15 licensure category of such social workers; providing

16 for the renewal of multistate licenses; specifying

17 that a licensed social worker’s services provided in a

18 remote state are subject to that remote member state’s

19 regulatory authority; authorizing remote states to act

20 on a licensee’s multistate authorization to practice;

21 specifying the consequences and parameters of practice

22 for a licensee whose multistate license or multistate

23 authorization to practice is encumbered; specifying

24 procedures for issuing multistate licenses; providing

25 for the recognition of multistate licenses in all

26 member states; providing construction; specifying that

27 a licensed social worker may hold a home state license

28 in only one member state at a time; specifying

29 requirements and procedures for reissuing a multistate

30 license by a new home state; providing construction;

31 authorizing active duty military personnel or their

32 spouses to keep their home state designation during

33 active duty; authorizing member states to take adverse

34 action against a licensee’s multistate authorization

35 to practice and to issue subpoenas for hearings and

36 investigations under certain circumstances; providing

37 requirements and procedures for such adverse actions

38 and subpoenas; authorizing member states to recover

39 costs of investigations and depositions from the

40 affected licensed social workers in adverse actions;

41 authorizing member states to engage in joint

42 investigations under certain circumstances; providing

43 that a licensee’s multistate authorization to practice

44 must be deactivated in all member states for the

45 duration of an encumbrance imposed by the licensee’s

46 home state; providing for notice to the data system

47 and the licensee’s home state of any adverse action

48 taken against a licensee; providing construction;

49 establishing the Social Work Licensure Compact

50 Commission; providing for membership, meetings, and

51 powers of the commission; providing for powers,

52 duties, membership, and meetings of the commission’s

53 executive committee; requiring the commission to adopt

54 annual reports and provide them to member states;

55 providing public notice and records requirements for

56 meetings of the commission; authorizing the commission

57 to hold closed, nonpublic meetings under certain

58 circumstances; providing for the financing of the

59 commission; providing commission members, officers,

60 executive directors, employees, and representatives

61 immunity from civil liability under certain

62 circumstances; providing construction; requiring the

63 commission to defend the commission’s members,

64 officers, executive directors, employees, and

65 representatives in civil actions under certain

66 circumstances; providing construction; requiring the

67 commission to indemnify and hold harmless such

68 individuals for any settlement or judgment obtained in

69 such actions under certain circumstances; providing

70 construction; providing for the development of the

71 data system, reporting procedures, and the exchange of

72 specified information between member states; requiring

73 member states to report any adverse action taken

74 against a licensee and monitor the data system for

75 adverse action taken against a licensee in other

76 member states; authorizing member states to designate

77 as confidential information provided to the data

78 system; requiring the commission to remove information

79 from the data system under certain circumstances;

80 providing rulemaking procedures for the commission,

81 including public notice and meeting requirements;

82 providing for member state enforcement of the compact;

83 providing for the jurisdiction and venue for court

84 proceedings brought against the commission; specifying

85 that the commission is entitled to receive service of

86 process, and has standing to intervene, in certain

87 judicial and administrative proceedings; rendering

88 certain judgments and orders void as to the

89 commission, the compact, or commission rules under

90 certain circumstances; providing for defaults,

91 technical assistance, and termination of compact

92 membership; providing procedures for the resolution of

93 certain disputes; providing for commission enforcement

94 of the compact; providing for remedies; providing that

95 only a member state may seek enforcement of the

96 compact against the commission; providing for

97 implementation of, withdrawal from, and amendment to

98 the compact; providing construction and severability;

99 specifying that licensees providing services in a

100 remote state under the compact must adhere to the laws

101 and rules of the remote state; providing construction;

102 amending s. 456.073, F.S.; requiring the Department of

103 Health to report certain investigative information to

104 the data system of the Social Work Interstate

105 Licensure Compact; amending s. 456.076, F.S.;

106 requiring that monitoring contracts for impaired

107 practitioners participating in treatment programs

108 contain certain terms; amending s. 491.004, F.S.;

109 requiring the Board of Clinical Social Work, Marriage

110 and Family Therapy, and Mental Health Counseling to

111 appoint an individual to serve as the state’s delegate

112 on the Social Work Licensure Compact Commission;

113 amending ss. 491.005 and 491.006, F.S.; exempting

114 social workers practicing under the compact from

115 certain licensure requirements; amending s. 491.009,

116 F.S.; authorizing certain disciplinary action under

117 the compact for specified prohibited acts; amending s.

118 768.28, F.S.; designating the state delegate and other

119 members or employees of the commission as state agents

120 for the purpose of applying waivers of sovereign

121 immunity; requiring the commission to pay certain

122 claims or judgments; authorizing the commission to

123 maintain insurance coverage to pay such claims or

124 judgments; providing an effective date.

126 Be It Enacted by the Legislature of the State of Florida:

128 Section 1. Section 491.022, Florida Statutes, is created to

129 read:

130 491.022 Social Work Licensure Interstate Compact.—The

131 Social Work Licensure Interstate Compact is hereby enacted into

132 law and entered into by this state with all other states legally

133 joining therein in the form substantially as follows:

135 ARTICLE I

136 PURPOSE

138 (1) The purpose of the compact is to facilitate interstate

139 practice of regulated social workers by improving public access

140 to competent social work services.

141 (2) The compact preserves the regulatory authority of

142 member states to protect public health and safety through the

143 current system of state licensure. The compact is designed to

144 achieve all of the following objectives:

145 (a) Increase public access to social work services.

146 (b) Reduce overly burdensome and duplicative requirements

147 associated with holding multiple licenses.

148 (c) Enhance member states’ ability to protect the public’s

149 health and safety.

150 (d) Encourage the cooperation of member states in

151 regulating multistate practice of regulated social workers.

152 (e) Promote mobility and address workforce shortages by

153 eliminating the necessity for licenses in multiple states by

154 providing for the mutual recognition of other member state

155 licenses.

156 (f) Support military families.

157 (g) Facilitate the exchange of licensure and disciplinary

158 information among member states.

159 (h) Authorize all member states to hold a regulated social

160 worker accountable for abiding by the laws, regulations, and

161 applicable professional standards in the member state in which

162 the client is located at the time care is rendered.

163 (i) Allow for the use of telehealth to facilitate increased

164 access to social work services.

166 ARTICLE II

167 DEFINITIONS

169 As used in the compact, the term:

170 (1) “Active military member” means any individual on full

171 time duty status in the active Armed Forces of the United

172 States, including members of the National Guard and Reserve.

173 (2) “Adverse action” means any administrative, civil,

174 equitable, or criminal action authorized by a state’s laws which

175 is imposed by a licensing authority or other authority against a

176 regulated social worker, including actions against an

177 individual’s license or multistate authorization to practice,

178 such as revocation, suspension, probation, monitoring of the

179 licensee, limitation on the licensee’s practice, or any other

180 encumbrance on licensure affecting a regulated social worker’s

181 authorization to practice, including issuance of a cease and

182 desist action.

183 (3) “Alternative program” means a nondisciplinary

184 monitoring or practice remediation process approved by a

185 licensing authority to address practitioners with an impairment.

186 (4) “Charter member state” means a member state that

187 enacted legislation to adopt the compact where such legislation

188 predates the effective date of the compact as described in

189 Article XIV.

190 (5) “Commission” means the government agency whose

191 membership consists of all states that have enacted the compact,

192 which is known as the Social Work Licensure Compact Commission,

193 as described in Article X, and which shall operate as an

194 instrumentality of the member states.

195 (6) “Current significant investigative information” means:

196 (a) Investigative information that a licensing authority,

197 after a preliminary inquiry that includes notification and an

198 opportunity for the regulated social worker to respond, has

199 reason to believe is not groundless and, if proved true, would

200 indicate more than a minor infraction as may be defined by the

201 commission; or

202 (b) Investigative information that indicates that the

203 regulated social worker represents an immediate threat to public

204 health and safety, as defined by the commission, regardless of

205 whether the regulated social worker has been notified and has

206 had an opportunity to respond.

207 (7) “Data system” means a repository of information about

208 licensees, including, but not limited to, continuing education,

209 examination records, licensure status, current significant

210 investigative information, disqualifying events, multistate

211 licenses, adverse action information, and any other information

212 required by the commission.

213 (8) “Disqualifying event” means any adverse action or

214 incident that results in an encumbrance that disqualifies or

215 makes the licensee ineligible to obtain, retain, or renew a

216 multistate license.

217 (9) “Domicile” means the jurisdiction in which a licensee

218 resides and intends to remain indefinitely.

219 (10) “Encumbrance” means a revocation or suspension of, or

220 any limitation on, the full and unrestricted practice of social

221 work as licensed and regulated by a licensing authority.

222 (11) “Executive committee” means a group of delegates

223 elected or appointed to act on behalf of, and within the powers

224 granted to them by, the compact and commission.

225 (12) “Home state” means the member state that is a

226 licensee’s primary domicile.

227 (13) “Impairment” means a condition that may impair a

228 practitioner’s ability to engage in full and unrestricted

229 practice as a regulated social worker without some type of

230 intervention and may include, but is not limited to, alcohol and

231 drug dependence, a mental health impairment, or a neurological

232 or physical impairment.

233 (14) “Licensee” means an individual who currently holds a

234 license from a state to practice as a regulated social worker.

235 (15) “Licensing authority” means the board or agency of a

236 member state, or an equivalent, which is responsible for the

237 licensing and regulation of regulated social workers.

238 (16) “Member state” means a state, commonwealth, district,

239 or territory of the United States which has enacted the compact.

240 (17) “Multistate authorization to practice” means a legally

241 authorized privilege to practice which is equivalent to a

242 license associated with a multistate license authorizing the

243 practice of social work in a remote state.

244 (18) “Multistate license” means a license to practice as a

245 regulated social worker issued by a home state’s licensing

246 authority which authorizes the regulated social worker to

247 practice in all member states under the multistate authorization

248 to practice.

249 (19) “Qualifying national exam” means a national licensing

250 examination approved by the commission.

251 (20) “Regulated social worker” means any clinical,

252 master’s, or bachelor’s social worker licensed by a member state

253 regardless of the title used by that member state.

254 (21) “Remote state” means a member state other than the

255 licensee’s home state.

256 (22) “Rule” means a regulation adopted by the commission,

257 as authorized by the compact, which regulation has the force of

258 law.

259 (23) “Single-state license” means a license to practice

260 social work issued by any state which authorizes practice only

261 within the issuing state. The term does not include a multistate

262 authorization to practice in any member state.

263 (24) “Social work” or “social work services” means the

264 application of social work theory, knowledge, methods, and

265 ethics and the professional use of self to restore or enhance

266 social, psychosocial, or biopsychosocial functioning of

267 individuals, couples, families, groups, organizations, and

268 communities through the care and services provided by a

269 regulated social worker as provided in the member state’s

270 statutes and regulations in the state where the services are

271 being provided.

272 (25) “State” means any state, commonwealth, district, or

273 territory of the United States which regulates the practice of

274 social work.

275 (26) “Unencumbered license” means a license that authorizes

276 a regulated social worker to engage in the full and unrestricted

277 practice of social work.

279 ARTICLE III

280 STATE PARTICIPATION IN THE COMPACT

282 (1) To be eligible to participate in the compact, a

283 potential member state must meet all of the following criteria

284 at the time of joining the compact:

285 (a) License and regulate the practice of social work at the

286 clinical, master’s, or bachelor’s level.

287 (b) Require applicants for licensure to graduate from a

288 program that:

289 1. Is operated by a college or university recognized by the

290 state’s licensing authority;

291 2. Is accredited, or in candidacy by an institution that

292 subsequently becomes accredited, by an accrediting agency

293 recognized by either:

294 a. The Council for Higher Education Accreditation, or its

295 successor; or

296 b. The United States Department of Education; and

297 3. Corresponds to the corresponding category of multistate

298 license sought, as outlined in Article IV.

299 (c) Require applicants for clinical licensure to complete a

300 period of supervised practice.

301 (d) Have a mechanism in place for receiving, investigating,

302 and adjudicating complaints about licensees.

303 (2) To maintain membership in the compact, a member state

304 must:

305 (a) Require applicants for a multistate license to pass a

306 qualifying national exam for the corresponding category of

307 multistate license sought, as outlined in Article IV;

308 (b) Participate fully in the commission’s data system,

309 including using the commission’s unique identifier as defined by

310 commission rule;

311 (c) Notify the commission, in compliance with the terms of

312 the compact and rules, of any adverse action or the availability

313 of current significant investigative information regarding a

314 licensee;

315 (d) Implement procedures for considering the criminal

316 history records of applicants for a multistate license. Such

317 procedures must include the submission of fingerprints or other

318 biometric-based information by applicants for the purpose of

319 obtaining an applicant’s criminal history record information

320 from the Federal Bureau of Investigation and the agency

321 responsible for retaining that state’s criminal records;

322 (e) Comply with the rules of the commission;

323 (f) Require an applicant to obtain or retain a license in

324 the home state and meet the home state’s qualifications for

325 licensure or renewal of licensure, as well as all other

326 applicable home state laws;

327 (g) Authorize a licensee holding a multistate license in

328 any member state to practice in accordance with the terms of the

329 compact and rules of the commission; and

330 (h) Designate a delegate to participate in commission

331 meetings.

332 (3) A member state meeting the requirements under

333 subsections (1) and (2) shall designate the categories of social

334 work licensure which are eligible for issuance of a multistate

335 license for applicants in such member state. To the extent that

336 any member state does not meet the requirements for

337 participation in the compact for any category of social work

338 licensure, such member state may, but is not obligated to, issue

339 a multistate license to applicants who otherwise meet the

340 requirements of Article IV for issuance of a multistate license

341 in such category or categories of licensure.

343 ARTICLE IV

344 SOCIAL WORKER PARTICIPATION IN THE COMPACT

346 (1) To be eligible for a multistate license under the

347 compact, an applicant must, regardless of license category, meet

348 all of the following criteria:

349 (a) Hold or be eligible for an active, unencumbered license

350 in the home state.

351 (b) Submit, in connection with an application for a

352 multistate license, fingerprints or other biometric-based data

353 for the purpose of obtaining criminal history record information

354 from the Federal Bureau of Investigation and the agency

355 responsible for retaining that state’s criminal records.

356 (c) Notify the home state of any adverse action,

357 encumbrance, or restriction on any professional license taken by

358 any member state or nonmember state within 30 days after the

359 date the action is taken.

360 (d) Meet any continuing competency requirements established

361 by the home state.

362 (e) Abide by the laws, regulations, and applicable

363 standards in the member state where the client is located at the

364 time care is rendered.

365 (2) An applicant for a clinical-category multistate license

366 must meet all of the following requirements:

367 (a) Fulfill a competency requirement, which may be

368 satisfied by any of the following:

369 1. Passage of a clinical-category qualifying national exam;

370 2. For an applicant licensed before a qualifying national

371 exam was required by the home state in the clinical category,

372 licensure of the applicant in his or her home state in the

373 clinical category, accompanied by a period of continuous social

374 work licensure thereafter, all of which may be further governed

375 by the rules of the commission; or

376 3. The substantial equivalency of the foregoing competency

377 requirements which the commission may determine by rule.

378 (b) Attain at least a master’s degree in social work from a

379 program that is:

380 1. Operated by a college or university recognized by the

381 home state’s licensing authority; and

382 2. Accredited, or in candidacy by an institution that

383 subsequently receives accreditation, by an accrediting agency

384 recognized by either:

385 a. The Council for Higher Education Accreditation or its

386 successor; or

387 b. The United States Department of Education.

388 (c) Fulfill a practice requirement, which may be satisfied

389 by demonstrating completion of any of the following:

390 1. A period of postgraduate supervised clinical practice

391 equal to a minimum of 3,000 hours;

392 2. A minimum of 2 years of full-time postgraduate

393 supervised clinical practice; or

394 3. The substantial equivalency of the foregoing practice

395 requirements which the commission may determine by rule.

396 (3) An applicant for a master’s-category multistate license

397 must meet all of the following requirements:

398 (a) Fulfill a competency requirement, which may be

399 satisfied by any of the following:

400 1. Passage of a master’s-category qualifying national exam;

401 2. For an applicant licensed before a qualifying national

402 exam was required by the home state in the master’s category,

403 licensure of the applicant in his or her home state in the

404 master’s category, accompanied by a continuous period of social

405 work licensure thereafter, all of which may be further governed

406 by the rules of the commission; or

407 3. The substantial equivalency of the foregoing competency

408 requirements which the commission may determine by rule.

409 (b) Attain at least a master’s degree in social work from a

410 program that is:

411 1. Operated by a college or university recognized by the

412 home state’s licensing authority; and

413 2. Accredited, or in candidacy by an institution that

414 subsequently becomes accredited, by an accrediting agency

415 recognized by either:

416 a. The Council for Higher Education Accreditation or its

417 successor; or

418 b. The United States Department of Education.

419 (4) An applicant for a bachelor’s-category multistate

420 license must meet all of the following requirements:

421 (a) Fulfill a competency requirement, which may be

422 satisfied by:

423 1. Passage of a bachelor’s-category qualifying national

424 exam;

425 2. For an applicant licensed before a qualifying national

426 exam was required by the home state in the bachelor’s category,

427 licensure of the applicant in his or her home state at the

428 bachelor’s category, accompanied by a period of continuous

429 social work licensure thereafter, all of which may be further

430 governed by the rules of the commission; or

431 3. The substantial equivalency of the foregoing competency

432 requirements which the commission may determine by rule.

433 (b) Attain at least a bachelor’s degree in social work from

434 a program that is:

435 1. Operated by a college or university recognized by the

436 home state’s licensing authority; and

437 2. Accredited, or in candidacy by an institution that

438 subsequently becomes accredited, by an accrediting agency

439 recognized by either:

440 a. The Council for Higher Education Accreditation or its

441 successor; or

442 b. The United States Department of Education.

443 (5) The multistate license for a regulated social worker is

444 subject to the renewal requirements of the home state. The

445 regulated social worker must maintain compliance with the

446 requirements of subsection (1) to be eligible to renew a

447 multistate license.

448 (6) The regulated social worker’s services in a remote

449 state are subject to that remote member state’s regulatory

450 authority. A remote state may, in accordance with due process

451 and that remote member state’s laws, remove a regulated social

452 worker’s multistate authorization to practice in the remote

453 state for a specific period of time, impose fines, and take any

454 other necessary actions to protect the health and safety of its

455 citizens.

456 (7) If a multistate license is encumbered, the regulated

457 social worker’s multistate authorization to practice must be

458 deactivated in all remote states until the multistate license is

459 no longer encumbered.

460 (8) If a multistate authorization to practice is encumbered

461 in a remote state, the regulated social worker’s multistate

462 authorization to practice may be deactivated in that state until

463 the multistate authorization to practice is no longer

464 encumbered.

466 ARTICLE V

467 ISSUANCE OF A MULTISTATE LICENSE

469 (1) Upon receipt of an application for a multistate

470 license, the home state’s licensing authority shall determine

471 the applicant’s eligibility for a multistate license in

472 accordance with Article IV.

473 (2) If the applicant is eligible under Article IV, the home

474 state’s licensing authority must issue a multistate license that

475 authorizes the applicant or regulated social worker to practice

476 in all member states under a multistate authorization to

477 practice.

478 (3) Upon issuance of a multistate license, the home state’s

479 licensing authority shall designate whether the regulated social

480 worker holds a multistate license at the bachelor’s, master’s,

481 or clinical category of social work.

482 (4) A multistate license issued by a home state to a

483 resident in that state must be recognized by all compact member

484 states as authorizing social work practice under a multistate

485 authorization to practice corresponding to each category of

486 licensure regulated in each member state.

488 ARTICLE VI

489 AUTHORITY OF THE SOCIAL WORK LICENSURE COMPACT COMMISSION AND

490 MEMBER STATE LICENSING AUTHORITIES

492 (1) The compact and rules of the commission do not limit,

493 restrict, or in any way reduce the ability of a member state to:

494 (a) Enact and enforce laws, regulations, or other rules

495 related to the practice of social work in that state, provided

496 those laws, regulations, or other rules do not conflict with the

497 provisions of the compact.

498 (b) Take adverse action against a licensee’s single-state

499 license to practice social work in that state.

500 (c) Take adverse action against a licensee’s multistate

501 authorization to practice social work in that state.

502 (2) The compact and rules of the commission do not limit,

503 restrict, or in any way reduce the ability of a licensee’s home

504 state to take adverse action against a licensee’s multistate

505 license based upon information provided by a remote state.

506 (3) The compact does not affect the requirements

507 established by a member state for the issuance of a single-state

508 license.

510 ARTICLE VII

511 REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE

513 (1) A licensee may hold a multistate license, issued by his

514 or her home state, in only one member state at any given time.

515 (2) If a licensee changes his or her home state by moving

516 between two member states, the following requirements apply:

517 (a) The licensee must immediately apply for the reissuance

518 of the multistate license in the new home state. The licensee

519 shall notify the former home state in accordance with the rules

520 of the commission.

521 (b) Upon receipt of an application to reissue a multistate

522 license, the new home state must verify that the multistate

523 license is active, unencumbered, and eligible for reissuance

524 under the terms of the compact and the rules of the commission.

525 The multistate license issued by the former home state must be

526 deactivated and all member states notified in accordance with

527 the applicable rules adopted by the commission.

528 (c) Before reissuing the multistate license, the new home

529 state must conduct procedures for considering the criminal

530 history records of the licensee. Such procedures must include

531 the submission of fingerprints or other biometric-based

532 information by applicants for the purpose of obtaining an

533 applicant’s criminal history record information from the Federal

534 Bureau of Investigation and the agency responsible for retaining

535 that state’s criminal records.

536 (d) If required for initial licensure, the new home state

537 may require completion of jurisprudence requirements in the new

538 home state.

539 (e) Notwithstanding any other provision of the compact, if

540 a licensee does not meet the requirements set forth in the

541 compact for the reissuance of a multistate license by the new

542 home state, the licensee is subject to the new home state

543 requirements for the issuance of a single-state license in that

544 state.

545 (3) If a licensee changes his or her domicile by moving

546 from a member state to a nonmember state, or from a nonmember

547 state to a member state, the licensee is subject to the state’s

548 requirements for the issuance of a single-state license in the

549 new home state.

550 (4) The compact does not interfere with a licensee’s

551 ability to hold a single-state license in multiple states;

552 however, for the purposes of the compact, a licensee may have

553 only one home state and only one multistate license.

554 (5) The compact does not interfere with the requirements

555 established by a member state for the issuance of a single-state

556 license.

558 ARTICLE VIII

559 MILITARY FAMILIES

561 An active military member or his or her spouse shall

562 designate a home state as the state in which the individual

563 holds a multistate license. The individual may retain the home

564 state designation during the period the servicemember is on

565 active duty.

567 ARTICLE IX

568 ADVERSE ACTIONS

570 (1) In addition to the other powers conferred by general

571 law, a remote state has the authority, in accordance with

572 existing state due process law, to:

573 (a) Take adverse action against a regulated social worker’s

574 multistate authorization to practice, but only within that

575 member state, and to issue subpoenas for both hearings and

576 investigations that require the attendance and testimony of

577 witnesses as well as the production of evidence. Subpoenas

578 issued by a licensing authority in a member state for the

579 attendance and testimony of witnesses or the production of

580 evidence from another member state must be enforced in the

581 latter state by any court of competent jurisdiction, according

582 to the practice and procedure of that court applicable to

583 subpoenas issued in proceedings pending before it. The issuing

584 licensing authority shall pay any witness fees, travel expenses,

585 mileage, and other fees required by the service statutes of the

586 state in which the witnesses or evidence is located.

587 (b) Only the home state may take adverse action against a

588 regulated social worker’s multistate license.

589 (2) For purposes of taking adverse action, the home state

590 must give the same priority and effect to reported conduct

591 received from a member state as it would if the conduct had

592 occurred within the home state. In so doing, the home state

593 shall apply its own state laws to determine appropriate action.

594 (3) The home state shall complete any pending

595 investigations of a regulated social worker who changes his or

596 her home state during the course of the investigation. The home

597 state also may take appropriate action and shall promptly report

598 the conclusions of the investigations to the administrator of

599 the data system. The administrator of the data system shall

600 promptly notify the new home state of any adverse action.

601 (4) A member state may, if otherwise authorized by state

602 law, recover from the affected regulated social worker the costs

603 of investigations and dispositions of cases resulting from any

604 adverse action taken against that regulated social worker.

605 (5) A member state may take adverse action based on the

606 factual findings of another member state, provided that the

607 member state follows its own procedures for taking the adverse

608 action.

609 (6)(a) In addition to the authority granted to a member

610 state by its respective social work practice act or other

611 applicable state law, any member state may participate with

612 other member states in joint investigations of licensees.

613 (b) Member states shall share any investigative,

614 litigation, or compliance materials in furtherance of any joint

615 or individual investigation initiated under the compact.

616 (7) If adverse action is taken by the home state against

617 the multistate license of a regulated social worker, the

618 regulated social worker’s multistate authorization to practice

619 in all other member states must be deactivated until all

620 encumbrances have been removed from the multistate license. All

621 home state disciplinary orders that impose adverse action

622 against the license of a regulated social worker must include a

623 statement that the regulated social worker’s multistate

624 authorization to practice is deactivated in all member states

625 until all conditions of the decision, order, or agreement are

626 satisfied.

627 (8) If a member state takes adverse action, it must

628 promptly notify the administrator of the data system. The

629 administrator of the data system shall promptly notify the home

630 state and all other member states of any adverse actions taken

631 by remote states.

632 (9) The compact does not override a member state’s decision

633 that participation in an alternative program may be used in lieu

634 of adverse action.

635 (10) The compact does not authorize a member state to

636 demand the issuance of subpoenas for attendance and testimony of

637 witnesses or the production of evidence from another member

638 state for lawful actions within that member state.

639 (11) The compact does not authorize a member state to

640 impose discipline against a regulated social worker who holds a

641 multistate authorization to practice for actions committed in

642 another member state which were lawful in that state.

644 ARTICLE X

645 ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION

647 (1) The compact member states hereby create and establish a

648 joint government agency whose membership consists of all member

649 states that have enacted the compact, to be known as the Social

650 Work Licensure Compact Commission. The commission is an

651 instrumentality of the compact member states acting jointly and

652 not an instrumentality of any one state. The commission shall

653 come into existence on or after the effective date of the

654 compact as set forth in Article XIV.

655 (2)(a) Each member state is entitled to one delegate

656 appointed by that member state’s licensing authority. The

657 delegate must be one of the following:

658 1. A current member of the state’s licensing authority who

659 at the time of appointment is a regulated social worker or

660 public member of the state’s licensing authority; or

661 2. An administrator of the state’s licensing authority or

662 his or her designee.

663 (b) The commission shall by rule or bylaw establish a term

664 of office for delegates and may by rule or bylaw establish term

665 limits.

666 (c) The commission may recommend removal or suspension of

667 any delegate from office.

668 (d) A member state’s licensing authority shall fill any

669 vacancy of its delegate on the commission within 60 days after

670 the vacancy occurs.

671 (e) Each delegate is entitled to one vote on all matters

672 before the commission requiring a vote by commission delegates.

673 (f) A delegate must vote in person or by such other means

674 as provided in the bylaws. The bylaws may provide for delegates

675 to meet by telecommunication, video conference, or other similar

676 electronic means of communication.

677 (g) The commission shall meet at least once during each

678 calendar year. Additional meetings may be held as set forth in

679 the bylaws. The commission may meet by telecommunication, video

680 conference, or other similar electronic means of communication.

681 (3) The commission may do all of the following:

682 (a) Establish the fiscal year of the commission.

683 (b) Establish code of conduct and conflict of interest

684 policies.

685 (c) Establish and amend rules and bylaws.

686 (d) Maintain its financial records in accordance with the

687 bylaws.

688 (e) Meet and take such actions as are consistent with the

689 provisions of the compact, the commission’s rules, and the

690 bylaws.

691 (f) Initiate and conclude legal proceedings or actions in

692 the name of the commission, provided that the standing of any

693 state’s licensing authority to sue or be sued under applicable

694 law is not affected.

695 (g) Maintain and certify records and information provided

696 to a member state as the authenticated business records of the

697 commission, or designate an agent to do so on the commission’s

698 behalf.

699 (h) Purchase and maintain insurance and bonds.

700 (i) Borrow, accept, or contract for services of personnel,

701 including, but not limited to, employees of a member state.

702 (j) Conduct an annual financial review.

703 (k) Hire employees and elect or appoint officers; fix

704 compensation for and define duties of such individuals and grant

705 them appropriate authority to carry out the purposes of the

706 compact; and establish the commission’s personnel policies and

707 programs relating to conflicts of interest, qualifications of

708 personnel, and other related personnel matters.

709 (l) Assess and collect fees.

710 (m) Accept, receive, use, and dispose of any appropriate

711 gifts, donations, grants of money, other revenue sources,

712 equipment, supplies, materials, and services, provided that at

713 all times the commission avoids any appearance of impropriety or

714 conflict of interest.

715 (n) Lease, purchase, retain, own, hold, improve, or use any

716 property, real, personal, or mixed, or any undivided interest

717 therein.

718 (o) Sell, convey, mortgage, pledge, lease, exchange,

719 abandon, or otherwise dispose of any property, real, personal,

720 or mixed.

721 (p) Establish a budget and make expenditures.

722 (q) Borrow money.

723 (r) Appoint committees, including standing committees,

724 composed of members, state regulators, state legislators or

725 their representatives, consumer representatives, and such other

726 interested persons as may be designated in the compact and the

727 bylaws.

728 (s) Provide and receive information from, and cooperate

729 with, law enforcement agencies.

730 (t) Establish and elect an executive committee, including a

731 chair and a vice chair.

732 (u) Determine whether a state’s statutorily adopted compact

733 language is materially different from the model compact language

734 such that the state would not qualify for participation in the

735 compact.

736 (v) Perform any other functions necessary to achieve the

737 purposes of the compact.

738 (4)(a) The executive committee shall have the power to act

739 on behalf of the commission according to the terms of the

740 compact. The powers, duties, and responsibilities of the

741 executive committee include all of the following:

742 1. Overseeing the day-to-day activities of administration

743 of the compact, including enforcement and compliance with the

744 compact and its rules and bylaws and other such duties as deemed

745 necessary by the commission.

746 2. Recommending to the commission changes to the rules or

747 bylaws, changes to the compact legislation, and fees charged to

748 member states, fees charged to licensees, and other fees.

749 3. Ensuring compact administration services are

750 appropriately provided, including by contract.

751 4. Preparing and recommending the budget.

752 5. Maintaining financial records on behalf of the

753 commission.

754 6. Monitoring compact compliance of member states and

755 providing compliance reports to the commission.

756 7. Establishing additional committees as necessary.

757 8. Exercising the powers and duties of the commission in

758 the interim between commission meetings, except for adopting or

759 amending rules, adopting or amending bylaws, and exercising any

760 other powers and duties expressly reserved to the commission by

761 rule or bylaw.

762 9. Performing other duties as provided in the rules or

763 bylaws of the commission.

764 (b) The executive committee may be composed of up to 11

765 members, as follows:

766 1. A chair and a vice chair, who must be voting members of

767 the executive committee.

768 2. Five voting members, selected by the commission from the

769 current membership of the commission.

770 3. Up to four ex officio, nonvoting members from four

771 recognized national social work organizations specified by the

772 commission, selected by their respective organizations.

773 (c) The commission may remove any member of the executive

774 committee as provided in the commission’s bylaws.

775 (d) The executive committee shall meet at least annually.

776 1. Executive committee meetings must be open to the public,

777 except that the executive committee may meet in a closed,

778 nonpublic meeting as provided in subsection (7).

779 2. The executive committee shall give 7 days’ notice of its

780 meetings, posted on its website and as determined by the

781 commission, to provide notice to persons with an interest in the

782 business of the commission.

783 3. The executive committee may hold a special meeting in

784 accordance with subsection (6).

785 (5) The commission shall adopt and provide to the member

786 states an annual report.

787 (6) All meetings of the commission must be open to the

788 public, except that the commission may meet in a closed,

789 nonpublic meeting as provided in subsection (7).

790 (a) Public notice for all meetings of the full commission

791 must be given in the same manner as required under the

792 rulemaking provisions in Article XII, except that the commission

793 may hold a special meeting as provided in paragraph (b).

794 (b) The commission may hold a special meeting when it must

795 meet to conduct emergency business by giving 48 hours’ notice to

796 all commissioners, on the commission’s website, and by other

797 means as provided in the commission’s rules. The commission’s

798 legal counsel shall certify that the commission’s need to meet

799 qualifies as an emergency.

800 (7)(a) The commission or the executive committee or other

801 committee of the commission may convene in a closed, nonpublic

802 meeting if the commission or the committee needs to receive

803 legal advice or discuss any of the following:

804 1. Noncompliance of a member state with its obligations

805 under the compact.

806 2. The employment, compensation, or discipline of, or other

807 matters, practices, or procedures related to, specific

808 employees.

809 3. Current or threatened discipline of a licensee by the

810 commission or by a member state’s licensing authority.

811 4. Current, threatened, or reasonably anticipated

812 litigation.

813 5. Negotiation of contracts for the purchase, lease, or

814 sale of goods, services, or real estate.

815 6. Accusing any person of a crime or formally censuring any

816 person.

817 7. Trade secrets or commercial or financial information

818 that is privileged or confidential.

819 8. Information of a personal nature when disclosure would

820 constitute a clearly unwarranted invasion of personal privacy.

821 9. Investigative records compiled for law enforcement

822 purposes.

823 10. Information related to any investigative reports

824 prepared by, or on behalf of or for the use of, the commission

825 or other committee charged with responsibility of investigation

826 or determination of compliance issues pursuant to the compact.

827 11. Matters specifically exempted from disclosure by

828 federal or member state law.

829 12. Other matters as adopted by commission rule.

830 (b) If a meeting, or portion of a meeting, is closed, the

831 presiding officer must state that the meeting will be closed and

832 reference each relevant exempting provision, and such reference

833 must be recorded in the minutes.

834 (c) The commission shall keep minutes that fully and

835 clearly describe all matters discussed in a meeting and shall

836 provide a full and accurate summary of actions taken, and the

837 reasons therefor, including a description of the views

838 expressed. All documents considered in connection with an action

839 must be identified in the minutes. All minutes and documents of

840 a closed meeting must remain under seal, subject to release only

841 by a majority vote of the commission or order of a court of

842 competent jurisdiction.

843 (8)(a) The commission shall pay, or provide for the payment

844 of, the reasonable expenses of its establishment, organization,

845 and ongoing activities.

846 (b) The commission may accept any appropriate revenue

847 sources as provided in paragraph (3)(m).

848 (c) The commission may levy and collect an annual

849 assessment from each member state to cover the cost of the

850 operations and activities of the commission and its staff, which

851 must be in a total amount sufficient to cover its annual budget

852 as approved each year for which revenue is not provided by other

853 sources. The aggregate annual assessment amount for member

854 states shall be allocated based upon a formula that the

855 commission shall adopt by rule.

856 (d) The commission may not incur obligations of any kind

857 before securing the funds adequate to meet such obligations, and

858 the commission may not pledge the credit of any of the member

859 states, except by and with the authority of the member state.

860 (e) The commission shall keep accurate accounts of all

861 receipts and disbursements. The receipts and disbursements of

862 the commission are subject to the financial review and

863 accounting procedures established under its bylaws. However, all

864 receipts and disbursements of funds handled by the commission

865 are subject to an annual financial review by a certified or

866 licensed public accountant, and the report of the financial

867 review must be included in and become part of the annual report

868 of the commission.

869 (9)(a) The members, officers, executive director,

870 employees, and representatives of the commission are immune from

871 suit and liability, both personally and in their official

872 capacity, for any claim for damage to or loss of property or

873 personal injury or other civil liability caused by or arising

874 out of any actual or alleged act, error, or omission that

875 occurred, or that the person against whom the claim is made had

876 a reasonable basis for believing occurred, within the scope of

877 commission employment, duties, or responsibilities. This

878 paragraph does not protect any such person from suit or

879 liability for any damage, loss, injury, or liability caused by

880 the intentional or willful or wanton misconduct of that person.

881 The procurement of insurance of any type by the commission does

882 not compromise or limit the immunity granted hereunder.

883 (b) The commission shall defend any member, officer,

884 executive director, employee, or representative of the

885 commission in any civil action seeking to impose liability

886 arising out of any actual or alleged act, error, or omission

887 that occurred within the scope of commission employment, duties,

888 or responsibilities, or that the commission determines the

889 person against whom the claim is made had a reasonable basis for

890 believing occurred within the scope of commission employment,

891 duties, or responsibilities, provided that the actual or alleged

892 act, error, or omission did not result from that person’s

893 intentional or willful or wanton misconduct. This paragraph may

894 not be construed to prohibit such person from retaining his or

895 her own counsel at his or her own expense.

896 (c) The commission shall indemnify and hold harmless any

897 member, officer, executive director, employee, or representative

898 of the commission for the amount of any settlement or judgment

899 obtained against that person arising out of any actual or

900 alleged act, error, or omission that occurred within the scope

901 of commission employment, duties, or responsibilities, or, as

902 determined by the commission, that the person against whom the

903 claim is made had a reasonable basis for believing occurred

904 within the scope of commission employment, duties, or

905 responsibilities, provided that the actual or alleged act,

906 error, or omission did not result from the intentional or

907 willful or wanton misconduct of that person.

908 (d) This subsection may not be construed as a limitation on

909 the liability of any licensee for professional malpractice or

910 misconduct that is governed solely by any other applicable state

911 laws.

912 (e) The compact may not be interpreted to waive or

913 otherwise abrogate a member state’s state action immunity or

914 state action affirmative defense with respect to antitrust

915 claims under the Sherman Antitrust Act, Clayton Antitrust Act of

916 1914, or any other state or federal antitrust or anticompetitive

917 law or regulation.

918 (f) The compact may not be construed as a waiver of

919 sovereign immunity by the member states or by the commission.

921 ARTICLE XI

922 DATA SYSTEM

924 (1) The commission shall provide for the development,

925 maintenance, operation, and use of a coordinated data system.

926 (2) The commission shall assign each applicant for a

927 multistate license a unique identifier, as determined by the

928 rules of the commission.

929 (3) Notwithstanding any other state law to the contrary, a

930 member state shall submit a uniform data set to the data system

931 on all individuals to whom the compact is applicable, as

932 required by the rules of the commission, including all of the

933 following information:

934 (a) Identifying information.

935 (b) Licensure data.

936 (c) Adverse actions against a license and related

937 information.

938 (d) Nonconfidential information related to alternative

939 program participation, the beginning and ending dates of such

940 participation, and other information related to such

941 participation not made confidential under member state law.

942 (e) Any denial of application for licensure and the reason

943 for such denial.

944 (f) Any current significant investigative information.

945 (g) Other information that may facilitate the

946 administration of the compact or the protection of the public,

947 as determined by the rules of the commission.

948 (4) The records and information provided to a member state

949 under the compact or through the data system, when certified by

950 the commission or an agent thereof, constitute the authenticated

951 business records of the commission and are entitled to any

952 associated hearsay exception in any relevant judicial, quasi

953 judicial, or administrative proceedings in a member state.

954 (5)(a) Current significant investigative information

955 pertaining to a licensee in any member state may be made

956 available only to other member states.

957 (b) It is the responsibility of the member states to report

958 any adverse action against a licensee and to monitor the

959 database to determine whether adverse action has been taken

960 against a licensee in another member state. Adverse action

961 information pertaining to a licensee in any member state must be

962 made available to other member states.

963 (6) Member states contributing information to the data

964 system may designate information that may not be shared with the

965 public without the express permission of the contributing state.

966 (7) Any information submitted to the data system which is

967 subsequently expunged pursuant to federal law or the laws of the

968 member state contributing the information must be removed from

969 the data system.

971 ARTICLE XII

972 RULEMAKING

974 (1) The commission shall adopt rules to implement and

975 administer the compact. A rule is invalid and has no force or

976 effect if a court of competent jurisdiction holds that the rule

977 is invalid because the commission exercised its rulemaking

978 authority in a manner that is beyond the scope and purposes of

979 the compact, or the powers granted hereunder, or based upon

980 another applicable standard of review.

981 (2) The rules of the commission have the force of law in

982 each member state; however, if the rules of the commission

983 conflict with the laws, regulations, or applicable standards of

984 a member state governing the practice of social work as held by

985 a court of competent jurisdiction, the rules of the commission

986 are ineffective in that state to the extent of the conflict.

987 (3) The commission shall exercise its rulemaking powers

988 pursuant to the criteria set forth in this article and the rules

989 adopted hereunder. Rules become binding the day after they are

990 adopted or the date specified in the rule or amendment,

991 whichever is later.

992 (4) If a majority of the legislatures of the member states

993 rejects a rule or portion of a rule, by enactment of a statute

994 or resolution in the same manner used to adopt the compact

995 within 4 years after the date of adoption of the rule, such rule

996 has no further force and effect in any member state.

997 (5) Rules must be adopted at a regular or special meeting

998 of the commission.

999 (6) Before adoption of a proposed rule, the commission

1000 shall hold a public hearing and allow persons to provide oral

1001 and written comments, data, facts, opinions, and arguments.

1002 (7) Before adoption of a proposed rule by the commission,

1003 and at least 30 days before the meeting at which the commission

1004 will hold a public hearing on the proposed rule, the commission

1005 shall provide a notice of proposed rulemaking:

1006 (a) On the website of the commission or on another publicly

1007 accessible platform;

1008 (b) To persons who have requested notice of the

1009 commission’s notices of proposed rulemaking; and

1010 (c) In any other manner as specified by commission rule.

1011 (8) The notice of proposed rulemaking must include all of

1012 the following:

1013 (a) The time, date, and location of the public hearing at

1014 which the commission will hear public comments on the proposed

1015 rule and, if different, the time, date, and location of the

1016 meeting where the commission will consider and vote on the

1017 proposed rule.

1018 (b) If the hearing is held through telecommunication, video

1019 conference, or other similar electronic means, the mechanism for

1020 accessing the hearing must be included in the notice of proposed

1021 rulemaking.

1022 (c) The text of the proposed rule and the reasons

1023 necessitating the rule.

1024 (d) A request for comments on the proposed rule from any

1025 interested person.

1026 (e) The manner in which interested persons may submit

1027 written comments.

1028 (9) All hearings must be recorded. A copy of the recording

1029 and all written comments and documents received by the

1030 commission in response to the proposed rule must be made

1031 available to the public.

1032 (10) This article does not require a separate hearing on

1033 each rule. Rules may be grouped for the convenience of the

1034 commission at hearings required by this article.

1035 (11) The commission shall, by majority vote of all members,

1036 take final action on the proposed rule based on the rulemaking

1037 record and the full text of the rule.

1038 (a) The commission may adopt changes to the proposed rule

1039 if the changes do not expand the original purpose of the

1040 proposed rule.

1041 (b) The commission shall provide an explanation of the

1042 reasons for substantive changes made to the proposed rule as

1043 well as the reasons why substantive changes recommended by

1044 commenters were not made.

1045 (c) The commission shall set a reasonable effective date

1046 for each rule. Except for an emergency as provided in subsection

1047 (12), the effective date of the rule must be at least 30 days

1048 after the commission issues the notice of rule adoption or

1049 amendment.

1050 (12) Upon determination that an emergency exists, the

1051 commission may consider and adopt an emergency rule with 48

1052 hours’ notice, with opportunity to comment, provided that the

1053 usual rulemaking procedures provided in the compact and in this

1054 article are retroactively applied to the rule as soon as

1055 reasonably possible, but in no event later than 90 days after

1056 the effective date of the rule. For purposes of this subsection,

1057 an emergency rule is one that must be adopted immediately in

1058 order to:

1059 (a) Meet an imminent threat to public health, safety, or

1060 welfare;

1061 (b) Prevent a loss of commission or member state funds;

1062 (c) Meet a deadline for the adoption of a rule which is

1063 established by federal law or rule; or

1064 (d) Protect public health and safety.

1065 (13) The commission or an authorized committee of the

1066 commission may direct revisions to a previously adopted rule for

1067 purposes of correcting typographical errors, errors in format,

1068 errors in consistency, or grammatical errors. Public notice of

1069 any revision must be posted on the commission’s website. The

1070 revision is subject to challenge by any person for a period of

1071 30 days after posting. The revision may be challenged only on

1072 the grounds that the revision results in a material change to a

1073 rule. A challenge must be made in writing and delivered to the

1074 commission before the end of the notice period. If a challenge

1075 is not made, the revision will take effect without further

1076 action. If the revision is challenged, the revision may not take

1077 effect without the approval of the commission.

1078 (14) A member state’s rulemaking requirements do not apply

1079 under this compact.

1081 ARTICLE XIII

1082 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1084 (1)(a) The executive and judicial branches of state

1085 government in each member state shall enforce the compact and

1086 take all actions necessary to implement the compact.

1087 (b) Except as otherwise provided in the compact, venue is

1088 proper and judicial proceedings by or against the commission

1089 shall be brought solely and exclusively in a court of competent

1090 jurisdiction where the principal office of the commission is

1091 located. The commission may waive venue and jurisdictional

1092 defenses to the extent that it adopts or consents to participate

1093 in alternative dispute resolution proceedings. This paragraph

1094 does not affect or limit the selection or propriety of venue in

1095 any action against a licensee for professional malpractice,

1096 misconduct, or any such similar matter.

1097 (c) The commission is entitled to receive service of

1098 process in any proceeding regarding the enforcement or

1099 interpretation of the compact and has standing to intervene in

1100 such a proceeding for all purposes. Failure to provide the

1101 commission service of process renders a judgment or an order

1102 void as to the commission, the compact, or adopted rules.

1103 (2)(a) If the commission determines that a member state has

1104 defaulted in the performance of its obligations or

1105 responsibilities under the compact or the adopted rules, the

1106 commission must provide written notice to the defaulting state.

1107 The notice of default must describe the default, the proposed

1108 means of curing the default, and any other action that the

1109 commission may take, and must offer training and specific

1110 technical assistance regarding the default.

1111 (b) The commission shall provide a copy of the notice of

1112 default to the other member states.

1113 (c) If a state in default fails to cure the default, the

1114 defaulting state may be terminated from the compact upon an

1115 affirmative vote of a majority of the delegates of the member

1116 states, and all rights, privileges, and benefits conferred on

1117 that state by the compact may be terminated on the effective

1118 date of termination. A cure of the default does not relieve the

1119 offending state of obligations or liabilities incurred during

1120 the period of default.

1121 (d) Termination of membership in the compact may be imposed

1122 only after all other means of securing compliance have been

1123 exhausted. The commission shall give notice of intent to suspend

1124 or terminate to the Governor of the defaulting state, the

1125 majority and minority leaders of the defaulting state’s

1126 legislature, the defaulting state’s licensing authority, and the

1127 licensing authority of each member state.

1128 (e) A state that has its membership terminated from the

1129 compact is responsible for all assessments, obligations, and

1130 liabilities incurred through the effective date of termination,

1131 including obligations that extend beyond the effective date of

1132 termination.

1133 (f) Upon the termination of a state’s membership from the

1134 compact, that state shall immediately provide notice to all

1135 licensees within that state of such termination. The terminated

1136 state shall continue to recognize all licenses granted under the

1137 compact for at least 180 days after the date of the notice of

1138 termination.

1139 (g) The commission does not bear any costs related to a

1140 state that is found to be in default or that has been terminated

1141 from the compact, unless agreed upon in writing between the

1142 commission and the defaulting state.

1143 (h) The defaulting state may appeal the action of the

1144 commission by petitioning the United States District Court for

1145 the District of Columbia or the federal district where the

1146 commission has its principal offices. The prevailing party shall

1147 be awarded all costs of such litigation, including reasonable

1148 attorney fees.

1149 (3)(a) Upon request by a member state, the commission shall

1150 attempt to resolve disputes related to the compact which arise

1151 among member states and between member and nonmember states.

1152 (b) The commission shall adopt a rule providing for both

1153 mediation and binding dispute resolution for disputes, as

1154 appropriate.

1155 (4)(a) By majority vote as provided by rule, the commission

1156 may initiate legal action against a member state in default in

1157 the United States District Court for the District of Columbia or

1158 the federal district where the commission has its principal

1159 offices to enforce compliance with the compact and its adopted

1160 rules. The relief sought may include both injunctive relief and

1161 damages. In the event judicial enforcement is necessary, the

1162 prevailing party shall be awarded all costs of such litigation,

1163 including reasonable attorney fees. The remedies herein are not

1164 the exclusive remedies of the commission. The commission may

1165 pursue any other remedies available under federal law or the

1166 defaulting member state’s law.

1167 (b) A member state may initiate legal action against the

1168 commission in the United States District Court for the District

1169 of Columbia or the federal district where the commission has its

1170 principal offices to enforce compliance with the compact and its

1171 adopted rules. The relief sought may include both injunctive

1172 relief and damages. In the event judicial enforcement is

1173 necessary, the prevailing party shall be awarded all costs of

1174 such litigation, including reasonable attorney fees.

1175 (c) Only a member state may seek enforcement of the compact

1176 against the commission.

1178 ARTICLE XIV

1179 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

1181 (1) The compact becomes effective on the date the compact

1182 statute is enacted into law in the seventh member state.

1183 (2)(a) On or after the effective date of the compact, the

1184 commission shall convene and review the enactment of each of the

1185 first seven charter member states to determine whether the

1186 statute enacted by each such charter member state is materially

1187 different from the model compact language.

1188 1. A charter member state whose enactment is found to be

1189 materially different from the model compact language is entitled

1190 to the default process set forth in Article XIII.

1191 2. If any member state is later found to be in default or

1192 is terminated or withdraws from the compact, the commission

1193 remains in existence and the compact remains in effect even if

1194 the number of member states is less than seven.

1195 (b) Member states enacting the compact after the seven

1196 initial charter member states are subject to the process set

1197 forth in paragraph (3)(u) of Article X to determine whether

1198 their enactments are materially different from the model compact

1199 language and whether they qualify for participation in the

1200 compact.

1201 (c) All actions taken for the benefit of the commission or

1202 in furtherance of administration of the compact before the

1203 effective date of the compact or the commission coming into

1204 existence are considered to be actions of the commission unless

1205 specifically repudiated by the commission.

1206 (d) Any state that joins the compact subsequent to the

1207 commission’s initial adoption of the rules and bylaws is subject

1208 to the rules and bylaws as they exist on the date on which the

1209 compact becomes law in that state. Any rule that has been

1210 previously adopted by the commission has the full force and

1211 effect of law on the day the compact becomes law in that state.

1212 (3) Any member state may withdraw from the compact by

1213 enacting a statute repealing the compact.

1214 (a) A member state’s withdrawal does not take effect until

1215 180 days after enactment of the repealing statute.

1216 (b) Withdrawal does not affect the continuing requirement

1217 of the withdrawing state’s licensing authority to comply with

1218 the investigative and adverse action reporting requirements of

1219 the compact before the effective date of withdrawal.

1220 (c) Upon enactment of a statute repealing the compact, a

1221 state shall immediately provide notice of such withdrawal to all

1222 licensees within that state. Notwithstanding any subsequent

1223 statutory enactment to the contrary, such withdrawing state must

1224 continue to recognize all licenses granted under the compact for

1225 at least 180 days after the date of such notice of withdrawal.

1226 (4) The compact does not invalidate or prevent any

1227 licensure agreement or other cooperative arrangement between a

1228 member state and a nonmember state which does not conflict with

1229 the compact.

1230 (5) The compact may be amended by the member states. An

1231 amendment to the compact does not become effective and binding

1232 on any member state until it is enacted into the laws of all

1233 member states.

1235 ARTICLE XV

1236 CONSTRUCTION AND SEVERABILITY

1238 (1) The compact and the commission’s rulemaking authority

1239 shall be liberally construed so as to effectuate the purposes,

1240 implementation, and administration of the compact. Provisions of

1241 the compact expressly authorizing or requiring the adoption of

1242 rules may not be construed to limit the commission’s rulemaking

1243 authority solely for those purposes.

1244 (2) The provisions of the compact are severable, and, if

1245 any phrase, clause, sentence, or provision of the compact is

1246 held by a court of competent jurisdiction to be contrary to the

1247 constitution of any member state, of a state seeking

1248 participation in the compact, or of the United States, or the

1249 applicability thereof to any government, agency, person, or

1250 circumstance is held to be unconstitutional by a court of

1251 competent jurisdiction, the validity of the remainder of the

1252 compact and the applicability thereof to any other government,

1253 agency, person, or circumstance is not affected.

1254 (3) Notwithstanding subsection (2), the commission may deny

1255 a state’s participation in the compact, or may terminate a

1256 member state’s participation in the compact in accordance with

1257 the requirements of subsection (2) of Article XIII, if it

1258 determines that a constitutional requirement of a member state

1259 is a material departure from the compact. Otherwise, if the

1260 compact is held to be contrary to the constitution of any member

1261 state, the compact remains in full force and effect as to the

1262 remaining member states and in full force and effect as to the

1263 member state affected as to all severable matters.

1265 ARTICLE XVI

1266 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

1268 (1) A licensee providing services in a remote state under a

1269 multistate authorization to practice shall adhere to the laws

1270 and regulations, including applicable standards, of the remote

1271 state where the client is located at the time care is rendered.

1272 (2) The compact does not prevent or inhibit the enforcement

1273 of any other law of a member state which is not inconsistent

1274 with the compact.

1275 (3) Any law, statute, regulation, or other legal

1276 requirement in a member state in conflict with the compact are

1277 superseded to the extent of the conflict.

1278 (4) All permissible agreements between the commission and

1279 the member states are binding in accordance with their terms.

1280 Section 2. Paragraph (b) of subsection (10) of section

1281 456.073, Florida Statutes, is amended to read:

1282 456.073 Disciplinary proceedings.—Disciplinary proceedings

1283 for each board shall be within the jurisdiction of the

1284 department.

1285 (10)

1286 (b) The department shall report any significant

1287 investigation information relating to a nurse holding a

1288 multistate license to the coordinated licensure information

1289 system pursuant to s. 464.0095; any investigative information

1290 relating to an audiologist or a speech-language pathologist

1291 holding a compact privilege under the Audiology and Speech

1292 Language Pathology Interstate Compact to the data system

1293 pursuant to s. 468.1335; any investigative information relating

1294 to a physical therapist or physical therapist assistant holding

1295 a compact privilege under the Physical Therapy Licensure Compact

1296 to the data system pursuant to s. 486.112; any significant

1297 investigatory information relating to a psychologist practicing

1298 under the Psychology Interjurisdictional Compact to the

1299 coordinated licensure information system pursuant to s.

1300 490.0075; ~~and~~ any significant investigatory information relating

1301 to a health care practitioner practicing under the Professional

1302 Counselors Licensure Compact to the data system pursuant to s.

1303 491.017 ; and any significant investigative information relating

1304 to a clinical social worker practicing under the Social Work

1305 Licensure Interstate Compact to the data system pursuant to s.

1306 491.022 .

1307 Section 3. Subsection (5) of section 456.076, Florida

1308 Statutes, is amended to read:

1309 456.076 Impaired practitioner programs.—

1310 (5) A consultant shall enter into a participant contract

1311 with an impaired practitioner and shall establish the terms of

1312 monitoring and shall include the terms in a participant

1313 contract. In establishing the terms of monitoring, the

1314 consultant may consider the recommendations of one or more

1315 approved evaluators, treatment programs, or treatment providers.

1316 A consultant may modify the terms of monitoring if the

1317 consultant concludes, through the course of monitoring, that

1318 extended, additional, or amended terms of monitoring are

1319 required for the protection of the health, safety, and welfare

1320 of the public. If the impaired practitioner is an audiologist or

1321 a speech-language pathologist practicing under the Audiology and

1322 Speech-Language Pathology Interstate Compact pursuant to s.

1323 468.1335, a physical therapist or physical therapist assistant

1324 practicing under the Physical Therapy Licensure Compact pursuant

1325 to s. 486.112, a psychologist practicing under the Psychology

1326 Interjurisdictional Compact pursuant to s. 490.0075, or a health

1327 care practitioner practicing under the Professional Counselors

1328 Licensure Compact pursuant to s. 491.017, or a clinical social

1329 worker practicing under the Social Work Licensure Interstate

1330 Compact pursuant to s. 491.022, the terms of the monitoring

1331 contract must include the impaired practitioner’s withdrawal

1332 from all practice under the compact unless authorized by a

1333 member state.

1334 Section 4. Subsection (9) is added to section 491.004,

1335 Florida Statutes, to read:

1336 491.004 Board of Clinical Social Work, Marriage and Family

1337 Therapy, and Mental Health Counseling.—

1338 (9) The board shall appoint an individual to serve as the

1339 state’s delegate on the Social Work Licensure Compact

1340 Commission, as required under s. 491.022.

1341 Section 5. Subsection (6) of section 491.005, Florida

1342 Statutes, is amended to read:

1343 491.005 Licensure by examination.—

1344 (6) EXEMPTIONS ~~EXEMPTION~~ .—

1345 (a) A person licensed as a clinical social worker, marriage

1346 and family therapist, or mental health counselor in another

1347 state who is practicing under the Professional Counselors

1348 Licensure Compact pursuant to s. 491.017, and only within the

1349 scope provided therein, is exempt from the licensure

1350 requirements of this section, as applicable.

1351 (b) A person licensed as a clinical social worker in

1352 another state who is practicing under the Social Work Licensure

1353 Interstate Compact pursuant to s. 491.022, and only within the

1354 scope provided therein, is exempt from the licensure

1355 requirements of this section, as applicable.

1356 Section 6. Subsection (4) is added to section 491.006,

1357 Florida Statutes, to read:

1358 491.006 Licensure or certification by endorsement.—

1359 (4) A person licensed as a clinical social worker in

1360 another state who is practicing under the Social Work Licensure

1361 Interstate Compact pursuant to s. 491.022, and only within the

1362 scope provided therein, is exempt from the licensure

1363 requirements of this section, as applicable.

1364 Section 7. Section 491.009, Florida Statutes, is amended to

1365 read:

1366 491.009 Discipline.—

1367 (1) The following acts constitute grounds for denial of a

1368 license or disciplinary action, as specified in s. 456.072(2) ,

1369 or s. 491.017 , or s. 491.022 :

1370 (a) Attempting to obtain, obtaining, or renewing a license,

1371 registration, or certificate under this chapter by bribery or

1372 fraudulent misrepresentation or through an error of the board or

1373 the department.

1374 (b) Having a license, registration, or certificate to

1375 practice a comparable profession revoked, suspended, or

1376 otherwise acted against, including the denial of certification

1377 or licensure by another state, territory, or country.

1378 (c) Being convicted or found guilty of, regardless of

1379 adjudication, or having entered a plea of nolo contendere to, a

1380 crime in any jurisdiction which directly relates to the practice

1381 of his or her profession or the ability to practice his or her

1382 profession. However, in the case of a plea of nolo contendere,

1383 the board shall allow the person who is the subject of the

1384 disciplinary proceeding to present evidence in mitigation

1385 relevant to the underlying charges and circumstances surrounding

1386 the plea.

1387 (d) False, deceptive, or misleading advertising or

1388 obtaining a fee or other thing of value on the representation

1389 that beneficial results from any treatment will be guaranteed.

1390 (e) Advertising, practicing, or attempting to practice

1391 under a name other than one’s own.

1392 (f) Maintaining a professional association with any person

1393 who the applicant, licensee, registered intern, or

1394 certificateholder knows, or has reason to believe, is in

1395 violation of this chapter or of a rule of the department or the

1396 board.

1397 (g) Knowingly aiding, assisting, procuring, or advising any

1398 nonlicensed, nonregistered, or noncertified person to hold

1399 himself or herself out as licensed, registered, or certified

1400 under this chapter.

1401 (h) Failing to perform any statutory or legal obligation

1402 placed upon a person licensed, registered, or certified under

1403 this chapter.

1404 (i) Willfully making or filing a false report or record;

1405 failing to file a report or record required by state or federal

1406 law; willfully impeding or obstructing the filing of a report or

1407 record; or inducing another person to make or file a false

1408 report or record or to impede or obstruct the filing of a report

1409 or record. Such report or record includes only a report or

1410 record which requires the signature of a person licensed,

1411 registered, or certified under this chapter.

1412 (j) Paying a kickback, rebate, bonus, or other remuneration

1413 for receiving a patient or client, or receiving a kickback,

1414 rebate, bonus, or other remuneration for referring a patient or

1415 client to another provider of mental health care services or to

1416 a provider of health care services or goods; referring a patient

1417 or client to oneself for services on a fee-paid basis when those

1418 services are already being paid for by some other public or

1419 private entity; or entering into a reciprocal referral

1420 agreement.

1421 (k) Committing any act upon a patient or client which would

1422 constitute sexual battery or which would constitute sexual

1423 misconduct as defined pursuant to s. 491.0111.

1424 (l) Making misleading, deceptive, untrue, or fraudulent

1425 representations in the practice of any profession licensed,

1426 registered, or certified under this chapter.

1427 (m) Soliciting patients or clients personally, or through

1428 an agent, through the use of fraud, intimidation, undue

1429 influence, or a form of overreaching or vexatious conduct.

1430 (n) Failing to make available to a patient or client, upon

1431 written request, copies of tests, reports, or documents in the

1432 possession or under the control of the licensee, registered

1433 intern, or certificateholder which have been prepared for and

1434 paid for by the patient or client.

1435 (o) Failing to respond within 30 days to a written

1436 communication from the department or the board concerning any

1437 investigation by the department or the board, or failing to make

1438 available any relevant records with respect to any investigation

1439 about the licensee’s, registered intern’s, or

1440 certificateholder’s conduct or background.

1441 (p) Being unable to practice the profession for which he or

1442 she is licensed, registered, or certified under this chapter

1443 with reasonable skill or competence as a result of any mental or

1444 physical condition or by reason of illness; drunkenness; or

1445 excessive use of drugs, narcotics, chemicals, or any other

1446 substance. In enforcing this paragraph, upon a finding by the

1447 State Surgeon General, the State Surgeon General’s designee, or

1448 the board that probable cause exists to believe that the

1449 licensee, registered intern, or certificateholder is unable to

1450 practice the profession because of the reasons stated in this

1451 paragraph, the department shall have the authority to compel a

1452 licensee, registered intern, or certificateholder to submit to a

1453 mental or physical examination by psychologists, physicians, or

1454 other licensees under this chapter, designated by the department

1455 or board. If the licensee, registered intern, or

1456 certificateholder refuses to comply with such order, the

1457 department’s order directing the examination may be enforced by

1458 filing a petition for enforcement in the circuit court in the

1459 circuit in which the licensee, registered intern, or

1460 certificateholder resides or does business. The licensee,

1461 registered intern, or certificateholder against whom the

1462 petition is filed may not be named or identified by initials in

1463 any public court records or documents, and the proceedings shall

1464 be closed to the public. The department shall be entitled to the

1465 summary procedure provided in s. 51.011. A licensee, registered

1466 intern, or certificateholder affected under this paragraph shall

1467 at reasonable intervals be afforded an opportunity to

1468 demonstrate that he or she can resume the competent practice for

1469 which he or she is licensed, registered, or certified with

1470 reasonable skill and safety to patients.

1471 (q) Performing any treatment or prescribing any therapy

1472 which, by the prevailing standards of the mental health

1473 professions in the community, would constitute experimentation

1474 on human subjects, without first obtaining full, informed, and

1475 written consent.

1476 (r) Failing to meet the minimum standards of performance in

1477 professional activities when measured against generally

1478 prevailing peer performance, including the undertaking of

1479 activities for which the licensee, registered intern, or

1480 certificateholder is not qualified by training or experience.

1481 (s) Delegating professional responsibilities to a person

1482 who the licensee, registered intern, or certificateholder knows

1483 or has reason to know is not qualified by training or experience

1484 to perform such responsibilities.

1485 (t) Violating a rule relating to the regulation of the

1486 profession or a lawful order of the department or the board

1487 previously entered in a disciplinary hearing.

1488 (u) Failure of the licensee, registered intern, or

1489 certificateholder to maintain in confidence a communication made

1490 by a patient or client in the context of such services, except

1491 as provided in s. 491.0147.

1492 (v) Making public statements which are derived from test

1493 data, client contacts, or behavioral research and which identify

1494 or damage research subjects or clients.

1495 (w) Violating any provision of this chapter or chapter 456,

1496 or any rules adopted pursuant thereto.

1497 (2)(a) The board or, in the case of certified master social

1498 workers, the department may enter an order denying licensure or

1499 imposing any of the penalties authorized in s. 456.072(2)

1500 against any applicant for licensure or any licensee who violates

1501 subsection (1) or s. 456.072(1).

1502 (b) The board may take adverse action against a clinical

1503 social worker’s, a marriage and family therapist’s, or a mental

1504 health counselor’s privilege to practice under the Professional

1505 Counselors Licensure Compact pursuant to s. 491.017 and may

1506 impose any of the penalties in s. 456.072(2) if the clinical

1507 social worker, marriage and family therapist, or mental health

1508 counselor commits an act specified in subsection (1) or s.

1509 456.072(1).

1510 (c) The board may take adverse action against a social

1511 worker’s multistate authorization to practice under the Social

1512 Work Licensure Compact pursuant to s. 491.022 and may impose any

1513 of the penalties in s. 456.072(2) if the social worker commits

1514 an act specified in subsection (1) or s. 456.072(1).

1515 Section 8. Paragraph (m) is added to subsection (10) of

1516 section 768.28, Florida Statutes, to read:

1517 768.28 Waiver of sovereign immunity in tort actions;

1518 recovery limits; civil liability for damages caused during a

1519 riot; limitation on attorney fees; statute of limitations;

1520 exclusions; indemnification; risk management programs.—

1521 (10)

1522 (m) For purposes of this section, the individual appointed

1523 under s. 491.004(9) as the state’s delegate on the Social Work

1524 Licensure Compact Commission, when serving in that capacity

1525 pursuant to s. 491.022, and any administrator, officer,

1526 executive director, employee, or representative of the

1527 commission, when acting within the scope of his or her

1528 employment, duties, or responsibilities in this state, is

1529 considered an agent of the state. The commission shall pay any

1530 claim or judgment pursuant to this section and may maintain

1531 insurance coverage to pay any such claim or judgment.

1532 Section 9. This act shall take effect July 1, 2026.